Reglamento Operativo del Comite Nacional de la Participacion

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Country/entity: Colombia
Region: Americas
Agreement name: Reglamento Operativo del Comite Nacional de la Participacion
Date: 14 Jul 2023
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Colombian Conflict (1964 - )
The Colombian conflict is really a set of conflicts and the peace agreements reflect both different processes relating to different conflict groups and dyads, and processes taking place at different times in a complex peace process history. The Colombian civil war has its roots in the late 1940s and the violent infighting between liberal and the conservative factions. Emerging from the liberal tradition with a thorough grounding in nationalist communist ideology, the Revolutionary Armed Forces of Colombia—People's Army (FARC) began its armed insurrection against the Colombian government in 1964. Other left-wing guerrillas emerged as well, most notably the socialist/populist M-19, which would later be integrated into the formal political system in the peace process of 1990s; the National Liberation Army (ELN), which has strong roots in liberation theology, and the Maoist Ejército Popular de Liberación (EPL) (also part of the 1990 process, less successfully). Several stages of peace processes were undertaken by the various sides, which were further complicated by the emergence of right-wing paramilitary ‘self-defence’ forces. The peace agreement between the Colombian government under President Uribe and the main alliance of the paramilitary groups, the United Self-Defence Forces of Colombia (AUC), concluded in 2005 and is still heavily disputed as several remnants are still active, but now subsumed under the heading ‘Bacrim’ (Bandas criminales). In addition, FARC and ELN maintain a military presence, but both demonstrate a strong interest in completing successful peace negotiations with the government, with the most recent agreements being between FARC and the Government.
Stage: Framework/substantive - partial
Conflict nature: Government
Peace process: Colombia VI - Government-ELN post-2015 process
Parties: Delegation of the Government of the Republic of Colombia:

(Signed) José Otty Patiño Hormaza, Head of delegation
(Signed) Iván Danilo Rueda Rodríguez, High Commissioner for Peace
(Signed) Iván Cepeda Castro
(Signed) Dayana Paola Urzola Domicó
(Signed) José Félix Lafaurie Rivera
(Signed) Nigeria Rentería Lozano
(Signed) Álvaro Matallana Eslava
(Signed) Carlos Alfonso Rosero
(Signed) Adelaida Jiménez Cortés
(Signed) Rodrigo Botero García
(Signed) Orlando Romero Reyes
(Signed) Horacio Guerrero García
(Signed) Olga Lilia Silva López
(Signed) Rosmery Quintero Castro
(Signed) María José Pizarro Rodríguez

Delegation of the Ejército de Liberación Nacional – ELN:

(Signed) Pablo Beltrán, Head of delegation
(Signed) Aureliano Carbonell
(Signed) Bernardo Téllez
(Signed) Manuel Gustavo Martínez
(Signed) María Consuelo Tapias
(Signed) Isabel Torres
(Signed) Simón Pabón
(Signed) Mauricio Iguarán
As observers for the Armed Forces:

(Signed) Brig. Gen. William Oswaldo Rincón Zambrano
(Signed) Maj. Gen. Hugo Alejandro López Barreto
Third parties: Laura Berdine Santos Delamonica, Federative Republic of Brazil ;

Patricia Esquenazi Marín, Republic of Chile;

Eugenio Martínez Enríquez, Republic of Cuba;

Roberto de León Huerta, United Mexican States;

Peder Østebø, Kingdom of Norway;

Gen. Carlos Martínez Mendoza, Bolivarian Republic of Venezuela;

Angela Bargellini, Delegate of the Special Representative of the United Nations Secretary-General for Colombia;

Héctor Fabio Henao Gaviria, Delegate for Church-State Relations, Episcopal Conference of Colombia
Description: In the third round of negotiations between the Colombian government and the ELN, the parties agreed to a the Cuba Agreements, negotiated in Havana, Cuba, which provided for a six-month ceasefire beginning on August 3 2023. These agreements also stipulated the creation of the National Committee on Participation that would engage representatives from across Colombian society in designing the peace framework. This document details the role and functions of the National Committee on Participation within the broader peace process.

Agreement document: CO_230714_Rules of operation of the National Committee on Participation.pdf (opens in new tab) | Download PDF
Agreement document (original language): CO_230714_Reglamento Operativo del Comite Nacional de la Participacion.pdf (opens in new tab)| Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Substantive
4.Composition of the National Committee on Participation
The National Committee on Participation shall consist of 81 representatives of the 30 social movements, ethnic peoples, organizations, trade associations and institutions listed in annex 1 to the Participation Agreement.
Upon invitation from the peace talks panel, each social movement, ethnic people, organization, trade association and institution shall publicly accept the membership invitation and the criteria set forth in annex 2 to the Participation Agreement, and appoint its representatives.
...
Although appointments would have to be permanent, the social movements, ethnic peoples, organizations, trade associations and institutions may independently change their representatives, provided that they notify the peace talks panel accordingly.
...
7.Coordinating body
...
The coordinating body shall have the following functions:
...
(b) Request the social movements, ethnic peoples, organizations, trade associations and institutions listed in annex 1 to the first Cuba Agreement to appoint their respective representatives to the Committee.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: 5.Role of the peace talks panel in the National Committee on Participation
...
It shall ensure that as many women as possible participate in that effort.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: 1.Nature of the National Committee on Participation
...
9 (first Cuba Agreement) and its two annexes, hereinafter referred to as the “Participation Agreement”, the National Committee on Participation is a special temporary body convened and coordinated by the peace talks panel to support the design phase of the process of participation of society in peacebuilding.
...
2.Functions of the National Committee on Participation for the design of the participation process
(a) Promote and develop spaces for dialogue with a differential approach, in which the various components of society can present their proposals to design the participation process.
(b) Develop methodologies for the workshops, meetings and activities of the participation design phase, bringing together and coordinating with a broad array of experts, organizations, sectors and social movements.
(c) Systematize the various proposals that emerge from the deliberations of the National Committee on Participation and the sectoral and regional and local meetings, and those made by the general public.
...
(e) On the basis of the contributions made by the general public, choose and develop a model for participation and a set of recommendations on the subject to be submitted to the peace talks panel.
...
4.Composition of the National Committee on Participation
The National Committee on Participation shall consist of 81 representatives of the 30 social movements, ethnic peoples, organizations, trade associations and institutions listed in annex 1 to the Participation Agreement.
Upon invitation from the peace talks panel, each social movement, ethnic people, organization, trade association and institution shall publicly accept the membership invitation and the criteria set forth in annex 2 to the Participation Agreement, and appoint its representatives.
...
Furthermore, the National Committee on Participation shall organize gatherings and meetings with various sectors to ensure that proposals for the participation plan and model are heard and received from those sectors that lack a coordinating body to appoint representatives.
The National Committee on Participation shall provide support for the meetings organized for different sectors and national trade associations during the design phase of the participation process.
...
Although appointments would have to be permanent, the social movements, ethnic peoples, organizations, trade associations and institutions may independently change their representatives, provided that they notify the peace talks panel accordingly.
5.Role of the peace talks panel in the National Committee on Participation
...
Upon completion of the design phase, the panel shall adopt a model and the national plan for participation.
...
7.Coordinating body
...
The coordinating body shall have the following functions:
...
(b) Request the social movements, ethnic peoples, organizations, trade associations and institutions listed in annex 1 to the first Cuba Agreement to appoint their respective representatives to the Committee.
...
(e) Promote the establishment of bodies that encourage society to participate in the peace process.
...
The functions of the working groups shall be:
...
10.Meetings of the National Committee on Participation
...
The Committee may invite national and international members of organizations, institutions, universities, research centres and experts on topics of interest to contribute to its work and discussions.
Traditional/religious leaders: 7.Coordinating body
...
The Special Representative of the Secretary-General of the United Nations in Colombia and the Episcopal Conference of Colombia shall assist with the formation of those teams.
The coordinating body shall have the following functions:
...
8.Technical secretariat of the National Committee on Participation
...
The role of the technical secretariat shall be to ensure that the material requirements for the Committee’s functioning are met, with the support of the Special Representative of the United Nations Secretary-General in Colombia and the Episcopal Conference of Colombia.
...
The functions of the working groups shall be:
...
11.Critical operational support functions
Operational support for the process shall be provided by the Episcopal Conference of Colombia, the Special Representative of the Secretary-General of the United Nations in Colombia and the group of accompanying, support and cooperation countries (GPAAC), as requested by the peace talks panel.
12.Guarantor countries
...
Héctor Fabio Henao Gaviria, Delegate for Church-State Relations, Episcopal Conference of Colombia
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
9.Working groups of the National Committee on Participation
...
The functions of the working groups shall be:
...
the political system, the economic model and the environmental situation.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: 7.Coordinating body
...
The coordinating body shall have the following functions:
...
(d) Manage the procurement of national and international resources for the implementation of the design phase of the process for the participation of society in peacebuilding and the Committee’s workplans.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: 9.Working groups of the National Committee on Participation
...
The functions of the working groups shall be:
...
the political system, the economic model and the environmental situation.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: 7.Coordinating body
...
The coordinating body shall have the following functions:
...
(h) Ensure that safeguards are in place for the security of the persons and entities that make up the Committee, in particular, of the ELN delegates.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: The Government of the Republic of Colombia and the Ejército de Liberación Nacional (ELN) have established the present rules of operation of the National Committee on Participation, in accordance with paragraph 6.2 of the first Cuba Agreement and paragraph 1 of the Declaration and Agreement No.
...
7.Coordinating body
...
The coordinating body shall have the following functions:
...
(h) Ensure that safeguards are in place for the security of the persons and entities that make up the Committee, in particular, of the ELN delegates.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: The functions of the working groups shall be:
...
12.Guarantor countries
...
(Signed) Angela Bargellini, Delegate of the Special Representative of the United Nations Secretary-General for Colombia
Other international signatory: The functions of the working groups shall be:
...
12.Guarantor countries
...
(Signed) Laura Berdine Santos Delamonica, Federative Republic of Brazil
(Signed) Patricia Esquenazi Marín, Republic of Chile
(Signed) Eugenio Martínez Enríquez, Republic of Cuba
(Signed) Roberto de León Huerta, United Mexican States
(Signed) Peder Østebø, Kingdom of Norway
(Signed) Gen. Carlos Martínez Mendoza, Bolivarian Republic of Venezuela
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: No specific mention.

Rules of operation of the National Committee on Participation

The Government of the Republic of Colombia and the Ejército de Liberación Nacional (ELN) have established the present rules of operation of the National Committee on Participation, in accordance with paragraph 6.2 of the first Cuba Agreement and paragraph 1 of the Declaration and Agreement No.

11 signed by the delegations on the peace talks panel on 9 June 2023.

1.Nature of the National Committee on Participation

In accordance with Agreement No.

9 (first Cuba Agreement) and its two annexes, hereinafter referred to as the “Participation Agreement”, the National Committee on Participation is a special temporary body convened and coordinated by the peace talks panel to support the design phase of the process of participation of society in peacebuilding.

The official spokesperson for the National Committee for Participation shall lead its coordinating body.

2.Functions of the National Committee on Participation for the design of the participation process

(a) Promote and develop spaces for dialogue with a differential approach, in which the various components of society can present their proposals to design the participation process.

(b) Develop methodologies for the workshops, meetings and activities of the participation design phase, bringing together and coordinating with a broad array of experts, organizations, sectors and social movements.

(c) Systematize the various proposals that emerge from the deliberations of the National Committee on Participation and the sectoral and regional and local meetings, and those made by the general public.

(d) On the basis of the design process, draw up and deliver a national participation plan to the peace talks panel.

(e) On the basis of the contributions made by the general public, choose and develop a model for participation and a set of recommendations on the subject to be submitted to the peace talks panel.

(f) Contribute to the formulation of the national agreement.

3.Term of the National Committee on Participation

The National Committee on Participation shall have a term no shorter than the design phase of the participation process, in line with the provisions of the Participation Agreement, representing a term of up to six months from the time of its establishment.

4.Composition of the National Committee on Participation

The National Committee on Participation shall consist of 81 representatives of the 30 social movements, ethnic peoples, organizations, trade associations and institutions listed in annex 1 to the Participation Agreement.

Upon invitation from the peace talks panel, each social movement, ethnic people, organization, trade association and institution shall publicly accept the membership invitation and the criteria set forth in annex 2 to the Participation Agreement, and appoint its representatives.

The peace talks panel shall provide support for the respective selection processes.

Furthermore, the National Committee on Participation shall organize gatherings and meetings with various sectors to ensure that proposals for the participation plan and model are heard and received from those sectors that lack a coordinating body to appoint representatives.

The National Committee on Participation shall provide support for the meetings organized for different sectors and national trade associations during the design phase of the participation process.

It shall also assign some of its members to attend those events.

Although appointments would have to be permanent, the social movements, ethnic peoples, organizations, trade associations and institutions may independently change their representatives, provided that they notify the peace talks panel accordingly.

5.Role of the peace talks panel in the National Committee on Participation

The peace talks panel plays an essential role as the primary negotiator and decision- maker, in accordance with the principle of bilateralism that underlies the dialogue process.

The panel shall be part of the National Committee on Participation;

it shall have a leadership role and ensure that the Committee complies with the mandate set out in the Mexico Agreement, performing a coordinating role through the members of each delegation.

It shall ensure that as many women as possible participate in that effort.

Upon completion of the design phase, the panel shall adopt a model and the national plan for participation.

6.Headquarters

The headquarters of the National Committee on Participation shall be in Bogotá, although the Committee may hold meetings in different locations when its coordinating body so decides.

Its meetings shall be held in-person;

however, in exceptional cases, its members may participate virtually by means of any real-time communication platform.

In order to make such participation effective, the platforms available and the technical procedures to be followed shall be specified in the meeting invitations.

7.Coordinating body

The peace talks panel shall be the coordinating body of the National Committee on Participation.

The panel shall assemble the technical and logistical teams required for the operation of the Committee, in addition to those established under the present rules of operation.

The Special Representative of the Secretary-General of the United Nations in Colombia and the Episcopal Conference of Colombia shall assist with the formation of those teams.

The coordinating body shall have the following functions:

(a) Direct the work of the National Committee on Participation and moderate discussions at its meetings.

(b) Request the social movements, ethnic peoples, organizations, trade associations and institutions listed in annex 1 to the first Cuba Agreement to appoint their respective representatives to the Committee.

(d) Manage the procurement of national and international resources for the implementation of the design phase of the process for the participation of society in peacebuilding and the Committee’s workplans.

(e) Promote the establishment of bodies that encourage society to participate in the peace process.

(f) Act as the official spokesperson for the Committee.

(h) Ensure that safeguards are in place for the security of the persons and entities that make up the Committee, in particular, of the ELN delegates.

(I) Draw up a Committee workplan for the design phase of the process for the participation of society in peacebuilding.

8.Technical secretariat of the National Committee on Participation

The technical secretariat of the National Committee on Participation shall be composed of four persons appointed by the peace talks panel, each delegation having two representatives.

The Colombia in Peace Fund shall provide the logistical, administrative and financial support necessary for the proper functioning of the technical secretariat, with assistance from the Office of the High Commissioner for Peace.

The role of the technical secretariat shall be to ensure that the material requirements for the Committee’s functioning are met, with the support of the Special Representative of the United Nations Secretary-General in Colombia and the Episcopal Conference of Colombia.

In addition, it shall perform the following functions:

(a) Make the logistical arrangements necessary for the meetings of the Committee and for the participation of its members, including those who do not live near the Committee headquarters.

(b) Support the decision-making process of the Committee’s coordinating body, and the implementation of its decisions, including by taking responsibility for inter-institutional coordination.

(e) Send Committee meeting invitations, indicating the meeting agenda.

(f) Prepare the minutes of Committee meetings, incorporating the work of rapporteurs and the organizational work done during the various Committee meetings and other meetings in which the Committee participates.

9.Working groups of the National Committee on Participation

The National Committee on Participation shall conduct its work through working groups.

Each of its members of the Committee, including those appointed by the delegations on the peace talks panel, in equal numbers, shall be a member of one working group.

The functions of the working groups shall be:

(a) To contribute to the design of the participation process in three thematic areas:

the political system, the economic model and the environmental situation.

(b) To convene regional and sectoral meetings at which proposals for the design of the participation process will be made, and maintain dialogue with movements or sectors that contribute to that process.

10.Meetings of the National Committee on Participation

The National Committee on Participation shall meet upon invitation by the coordinating body, at a date, time and place determined by the latter.

The details of meetings shall be communicated to its members in a timely manner.

The Committee may invite national and international members of organizations, institutions, universities, research centres and experts on topics of interest to contribute to its work and discussions.

11.Critical operational support functions

Operational support for the process shall be provided by the Episcopal Conference of Colombia, the Special Representative of the Secretary-General of the United Nations in Colombia and the group of accompanying, support and cooperation countries (GPAAC), as requested by the peace talks panel.

12.Guarantor countries

Subject to their availability, the guarantor countries shall participate in and support the design phase of the process of participation of society in peacebuilding.

Havana, Cuba, 14 July 2023.

Delegation of the Government of the Republic of Colombia:

(Signed) José Otty Patiño Hormaza, Head of delegation

(Signed) Iván Danilo Rueda Rodríguez, High Commissioner for Peace

(Signed) Iván Cepeda Castro

(Signed) Dayana Paola Urzola Domicó

(Signed) José Félix Lafaurie Rivera

(Signed) Nigeria Rentería Lozano

(Signed) Álvaro Matallana Eslava

(Signed) Carlos Alfonso Rosero

(Signed) Adelaida Jiménez Cortés

(Signed) Rodrigo Botero García

(Signed) Orlando Romero Reyes

(Signed) Horacio Guerrero García

(Signed) Olga Lilia Silva López

(Signed) Rosmery Quintero Castro

(Signed) María José Pizarro Rodríguez

Delegation of the Ejército de Liberación Nacional – ELN:

(Signed) Pablo Beltrán, Head of delegation

(Signed) Aureliano Carbonell

(Signed) Bernardo Téllez

(Signed) Manuel Gustavo Martínez

(Signed) María Consuelo Tapias

(Signed) Isabel Torres

(Signed) Simón Pabón

(Signed) Mauricio Iguarán

As observers for the Armed Forces:

(Signed) Brig.

Gen. William Oswaldo Rincón Zambrano

(Signed) Maj.

Gen. Hugo Alejandro López Barreto

As witnesses and depositaries (Guarantor countries):

(Signed) Laura Berdine Santos Delamonica, Federative Republic of Brazil

(Signed) Patricia Esquenazi Marín, Republic of Chile

(Signed) Eugenio Martínez Enríquez, Republic of Cuba

(Signed) Roberto de León Huerta, United Mexican States

(Signed) Peder Østebø, Kingdom of Norway

(Signed) Gen. Carlos Martínez Mendoza, Bolivarian Republic of Venezuela

Permanent accompanying partners:

(Signed) Angela Bargellini, Delegate of the Special Representative of the United Nations Secretary-General for Colombia

(Signed) Msgr.

Héctor Fabio Henao Gaviria, Delegate for Church-State Relations, Episcopal Conference of Colombia